Coastal Law Research Articles

Protection and enhancement of the coastal area of the wilaya of El Tarf (Algeria): Automatic analysis using computer tools

Abstract The coastline of El Tarf province, stretching for 90 km, presents a great variety of forms and complex ecosystems that need to be protected. The Coastal Law 02-02 was established to achieve this goal by using geographic information system (GIS) and remote sensing to assess the degree of implementation of this law on the ground. This evaluation highlighted a significant evolution of land use in the coastal zone of El Tarf province over a period of 32 years, from 1990 to 2022. In 1990, the area was predominantly forested (55.08%) with a proportion of agricultural land of 27.26% and a significant portion of wetland areas (17.26%). Over time, the forested area decreased to reach 48.58% in 2022, while agricultural land and urban areas increased. This evolution suggests increasing pressure on natural resources, with potential implications for the environment and biodiversity of the region. Despite the 2002 Coastal Law 02-02s which sets specific provisions for the protection and enhancement of the coastline, it is important to emphasize the importance of sustainable management of natural resources and land use in the region. It is essential to implement measures to protect the fragile ecosystems of the region and ensure the sustainability of natural resource use to preserve the environment and biodiversity of the region for future generations. This analysis could also eventually enable decision-makers to have supporting elements to evolve the law 02.02 with the aim of better preserving the coastal area.

Repressed Coastal Population’ - an Analysis of Rights Of Coastal Communities and Ineffective Intricacies of Coastal Law Regime in India

No abstract

River Banks and Coastal Law in The Geomorphological Perspective

Akarsu kıyıları; akarsu doğal aktif yatağı içinde kalan, akarsuyun hareketli su kütlesinin morfodinamik süreçleri ile etkilediği, şekillendirdiği, zaman zaman değişmek suretiyle bir kısmı su altında, bir kısmı su dışında kalan, taşkın durumları dışındaki sınırları ile tanımlanan, aktif yerşeklidir. Akarsu kıyıları; güncel flüviyal etken ve süreçlerin kontrolünde şekillenen jeomorfolojik, hidrografik, hidrolojik, sedimantolojik, bitki ve toprak özelliklerinin delillerini barındırır. Bu delillerin yayılış alanları akarsuyun kıyılarını temsil eder. Akarsu kıyı kenar çizgileri; akarsu kıyılarının dış sınırıdır. Akarsu kıyı çizgisi ise akarsuyun sularının akarsu yatağına temas ettiği noktaların birleştirilmesi ile oluşan çizgidir. Bir akarsu; her iki tarafta birer tane olmak üzere iki kıyı çizgisine ve iki kıyı kenar çizgisine sahiptir. Akarsuların kıyı çizgileri ise çekik su seviyesi, normal su seviyesi ve yüksek su seviyesi olmak üzere 3 farklı yükseklik arasında değişebilir. Yürürlükteki yasal mevzuatlarda; Akarsu kıyıları, kıyı elemanları ve kıyı bölümlerinin tanımlandığı, akarsu kıyılarının korunma, kullanma koşullarının, ayrıca akarsu kıyılarına ait tehlike ve risklerin açıklandığı bilimsel içerik eksikliği dikkat çekmektedir. Bu çalışmada; Akarsu kıyıları ve kıyının bölümlerinin jeomorfolojik tanımlamaları yapılarak, güncel yasal mevzuattaki eksiklik ve çelişkilerin ana hatları ile tartışılması hedeflenmiştir. Meriç ve Sakarya nehirlerinin farklı dizinlerinde akarsu dar-alçak kıyı tipi ve akarsu geniş-alçak kıyı tipindeki örnekler üzerinde, akarsu kıyı tanımlaması, kıyı bölümleri ve sınır özelliklerine ait jeomorfolojik delil gözlemleri ve ölçümleri yapılmıştır. Ölçüm ve gözlem sonuçlarına dayandırılan akarsu kıyı özellikleri genelleştirilmiştir. Elde edilen bulgular; güncel akarsu kıyı mevzuatının irdelenmesi amaçlı olarak kullanılmıştır. Akarsu kıyıları ile ilgili mevcut yasal mevzuatta önemli eksiklikler ve çelişkili içerikler olduğu dikkat çekmektedir. Bu durum uygulamada ve toplumsal yaşamda problemlere neden olacağı gibi, hukuki işlemlerde de problemlerin çözümünde karışıklıklara ve hatalı değerlendirmelere neden olabilir. Akarsu kıyı çizgileri; akarsuyun çekik su seviyesi, normal su seviyesi ve yüksek su seviyesi bölgelerinde değişebilir. Akarsuyun su seviyelerine bağlı olarak, Yakınkıyı, Önkıyı ve artkıyı bölümleri tanımlanabilir. Akarsuyun yüksek su seviyesi akarsu yatağı ıslak çevre uzunluğunun maksimum sınırını temsil eder. Bu sınır aynı zamanda akarsuyun kıyı kenar çizgisini oluşturur. Dar-yüksek kıyı ve geniş-alçak kıyı akarsu kıyı tipleridir. Akarsuyun taşkın su seviyesi ve buna ait taşkın alanı akarsu kıyı elamanı değildir.

Awareness and Practices on Coastal Resource Management of Public High School Teachers in the Province of Ilocos Norte, Philippines

This study determined the level of awareness and practices on Coastal Resource Management of public secondary teachers in the province of Ilocos Norte, Philippines. A descriptive research design was used in this study, and the statistical tools that were used to gather and treat data were frequency and percentage, weighted mean, and bivariate correlation analysis. Results of the study showed that the respondents were much aware of Coastal Resource Management with respect to the degradation of coastal habitats, overfishing, and open access to fishery resources, coastal law enforcement, and resource use of conflict and pollution. The respondents often practiced Coastal Resource Management with respect to the degradation of coastal habitats, overfishing and open access to fishery resources, coastal law enforcement, and resource use of conflict and pollution. Age, sex, civil status, educational attainment, and religious affiliation had a significant relationship with the level of awareness, while teachers' rank and sources of information had no significant relationship with the level of awareness on Coastal Resource Management. On the other hand, age, educational attainment, rank, monthly income, and sources of information (printed and broadcast) had a significant relationship with the level of practice, while sex, civil status, religious affiliation, and sources of information (printed) had no significant relationship with the level of practice on Coastal Resource Management. Moreover, age, civil status, educational attainment, rank, and sources of information had a significant relationship with the level of awareness and level of practice, while sex, religious affiliation, and sources of information (printed) had no significant relationship with the level of awareness and level of practice on Coastal Resource Management.

El nuevo régimen de la prórroga extraordinaria de las concesiones de dominio público marítimo-terrestre

The extraordinary extension of the maritime-terrestrial public domain concessionsgranted before the Coastal Law of 1988, introduced by Law 2/2013 and developed by the General Coastal Regulation of 2014, was the antidote to the generalised extinction of said concessions scheduled for July 2018. However, its regulation contradicted the spirit and letter of the Coastal Law, which has conditioned its application and has generated contradictory court rulings. The unavoidable regulatory reform of this extension has been carried out through article 20 of Law 7/2021, of May 20, on Climate Change and Energy Transition and Royal Decree 668/2022, of August 1, modifying the General Coast Regulation. The purpose of this article isto explain and analyse this regulatory reform as well as several recent rulings on the matter.

PUNISHING PERLEMOEN* POACHING – DEVELOPMENTS BOTH RECENT AND POSSIBLY FUTURE?

The problems related to curbing the poaching of abalone are legion. First, abalone is an easily accessible target. Sedentary in nature, occurring in shallow subtidal kelp beds rarely deeper than ten metres, growing slowly (taking 8-9 years to reach minimum legal size) and non-cryptic in behaviour, abalone presents little difficulty for exploitation (Houthoofd “Towards Some Solutions Relating to the Conservation of Abalone” 1997 4 SAJELP 301; and Hauck “Regulating Marine Resources in South Africa: The Case of the Abalone Fishery” 1999 Acta Juridica 211 212). Secondly, the authorities have struggled in the face of the systematic depletion of the abalone stocks. Conservation operations such as Operation Neptune, aimed at combating the poaching, have been largely unsuccessful (see Botha “See Weer Stropers se Speelplek” 23 December 2004 Die Burger 13). This state of affairs is not entirely surprising, given the limited resources on the part of the State, further hampered by bribery of conservation officials, as opposed to the enormous financial muscle of the poaching syndicates, associated with the Chinese Triads (see Hauck 1999 Acta Juridica 219ff). With the price of dried abalone currently at $1 000/kg, and the demand showing no sign of diminishing, the problem appears intractable, if not insoluble, without some radical intervention (Botha 23 December 2004 Die Burger 13). It has been argued that had South Africa previously listed the abalone species with the Convention on International Trade in Endangered Species (CITES), other countries would have assisted in monitoring the trade in abalone and enforcing the legality of shipments (Allen et al “A Review of Developments in Ocean and Coastal Law 2003” 2003 9 Ocean & Coastal Law Journal 139 161). As it is, the illegal poaching continues and the abalone population continues to decline at “an alarmingly rapid rate” (Allen et al 2003 9 Ocean & Coastal Law Journal 161). The way in which the crime has been dealt with in the courts has further complicated efforts to deal with poaching. Effective enforcement has been hampered on occasion by judicial perceptions that offences such as poaching are not serious (see Njobeni “Courts Score Low on Environmental Law” 7 September 2004 Business Day (http://www.bdfm.co.za/cgi-bin/pp/print.pl)). The aim of this note is to examine one aspect of judicialenforcement of this particular environmental offence, namely sentencing.

THE WHITE PAPER FOR SUSTAINABLE COASTAL DEVELOPMENT AND THE FUTURE OF THE SEA-SHORE ACT

In his 2006 budget speech, the Minister of Environmental Affairs and Tourism, Marthinus van Schalkwyk, indicated that he would present a new Integrated Coastal Management Bill to Parliament before the end of the year. This new Integrated Coastal Management Bill, the Minister explained, would promote a system of co-ordinated and integrated coastal management (see Van Schalkwyk Speech During National Assembly Debate on Budget Vote 27: Environmental Affairs and Tourism 6 June 2006).The decision to draft this new Integrated Coastal Management Bill may be traced back to the White Paper for Sustainable Coastal Development in South Africa (2003). One of the recommendations made in this White Paper is that a new coastal law should be enacted, inter alia, to replace the Seashore Act 21 of 1935 (hereinafter “the Act”). This recommendation is based, inter alia, on criticisms that have been leveled against the Act by academic and other commentators in recent years. The purpose of this note is to set out these criticisms in more detail and to examine the reforms proposed in the White Paper. Before doing so, however, it will be helpful to briefly set out the relevant provisions of the Act itself.

Latin America and the Search for a Coastal Law: Lessons from the Legislative Procedure in Colombia

In 2009, a network of scholars identified the legal framework associated with coastal management in eleven Latin American countries. They found an important lag in several countries, including Colombia. According to many scholars, a clear regulatory framework is of the utmost importance for integrated coastal management; however, the hurdles to reaching this goal have been poorly analyzed. This article aims to illustrate the challenges and barriers to legislate on coastal and marine issues in Colombia. The methodology and analysis used in this study can serve as an example to other Latin American countries. We combined comparative, documentary, and analytical research techniques to describe the current Latin American state-of-the-art legal framework. Additionally, from 16,224 gazettes (official records of the Congress of Colombia) we identified 80 bills concerning coastal and marine activities for a period of 17 years. However, only 2.1% of those bills addressed marine or coastal issues from the perspective of planning and management procedures. Instead the majority focused on social uses and economic activities. This research identified the difficulties that could be faced by a country in regulating its coast from an integrated perspective. These findings could support future procedures to approve coastal laws in Latin America and other countries on the world.

KAJIAN PERUBAHAN GARIS PANTAI DENGAN MENGGUNAKAN TEKNOLOGI PENGINDRAAN JAUH DI WILAYAH PESISIR KECAMATAN SINJAI TIMUR, KABUPATEN SINJAI

Coastal is the meeting area between land and sea. This study aimed to (1) calculate how much shoreline change in East Sinjai Sub-district (2) analyze the factors that influence changes in the coastline in East Sinjai District (3) formulate strategic directions for shoreline change management in East Sinjai Sub-district. Citra data processing method used Er-Mappaer and Arcgis, and management strategy direction used SWOT analysis. The results of citra interpretation showed that the shoreline change in abrasion was 9.73 Ha and accretion was 20.39 Ha. The factors that caused the changes in the coastline included waves, currents, tides and conditions of the coastal ecosystem in East Sinjai Sub-district. In the coastal management analysis, there were 4 management strategies; determined coastal conservation areas as a measure to control abrasion and sedimentation, developed strategies that referred to ICM (integrated Coastal Management), improved the quality and awareness of human resources on coastal environmental management and law enforcement and institutional strengthening in coastal management. The use of high-resolution citra required further research by adding parameters such as the type of substrate and sedimentation rate. For the government of Sinjai District to conduct a study on mitigation of coastal abrasion and sedimentation disasters.

Deployable double layer tensegrity grid platforms for sea accessibility

Tensegrity systems are a class of reticulated space structures composed of compressed bars maintained in equilibrium by a network of tensioned cables. Their stiffness depends both on elements’ mechanical properties and their internal self-stress state. Taking advantage of their structural properties, we respond to the challenge of accessibility for everybody to the sea with a new concept of modular lightweight and deployable platforms. Variable configurations are developed to fit ecologically into the marine environment thanks to the transparency of double layer tensegrity structures. Moreover, allowing practical assembly and disassembly is considered in the design to respect the coastal law. Through a numerical study, we demonstrate in this paper the capability of this solution under various representative load cases and support conditions.After the structural and design optimization of elements constrained by weight and stiffness, we detail the design of the nodes, which are the key components ensuring geometry and foldability of the structure. Finally, on-site setting and interfacing with ground supports is experimented in marine conditions to proof the feasibility of this concept.

Autonomous litter surveying and human activity monitoring for governance intelligence in coastal eco-cyber-physical systems

The human impact on the coastal ecosystems is a global environmental concern. Due to the growing urbanization, industrialization, and transportation, this impact on the living and non-living components of the coastal area is expected to further increase in the coming years. Artificial intelligence based automation of the coastal monitoring, including data collection, analysis and decision making, provides real-time insights and opportunities for large-scale coastal management and governance. In this paper, a framework for autonomous litter surveying and human activity monitoring for governance intelligence in coastal eco-cyber-physical systems (ecoCystem) is presented. A large dataset of more than 20,000 images focused on smart coastal management is collected to model the real world scenarios. A combination of various artificial intelligence based methods are used for automatic detection and classification of various litter in the coastal environment. Furthermore, the proposed framework is capable of autonomous monitoring of humans activities and detection of illegal entry of vehicles and boats to the beach area. The accuracy of the proposed autonomous system is 87% for correct classification of fully visible litter and 95% for fully visible vehicles. The experimental results show that the application of computer vision and machine learning for autonomous litter classification shows promising results for increasing the speed and scale of litter surveying in the coastal area. Further training of the artificial intelligence models is necessary for increasing the accuracy of the proposed framework and real-world deployment in the coastal environment. The proposed human activity monitoring system can be used for autonomous coastal law enforcement and real-time and active protection of the coastal zones.

Trends in shore-based angling effort determined from aerial surveys: a case study from KwaZulu-Natal, South Africa

Understanding the spatiotemporal characteristics of effort is a critical component of managing fisheries. Recreational shore-angling is the largest sector of the linefishery and one of the primary recreational activities undertaken along the coast of KwaZulu-Natal (KZN), South Africa. The aim of this study was to make a reliable estimate of current total shore-based angling effort in KZN and to examine the spatial and temporal distribution of the effort. To do this, randomised monthly flights to count shore-anglers in an ‘instantaneous’ manner were conducted along the entire KZN coastline between January and December 2018, and then compared with similar aerial surveys conducted in 1994/95 and 2007/08. A total of 44 flights were undertaken, with 21 and 23 flights conducted along the north and south coasts, respectively. Ground-truthing revealed that the aerial counts of shore-anglers were 89% accurate. Angler effort was significantly higher over weekends and during good-weather days. Seasonality of shore-based angling effort showed that greatest effort occurred during the winter months (June to September), coinciding with the seasonal availability of popular angling species. More-developed stretches of the KZN coast with higher population densities and easier beach-access had the highest angling effort. Total annual angler effort was calculated to be 785 538 angler-days y–1, which represents a 22.9% decline from the estimate made in 1994/95 and a 6.9% decline from the estimate made in 2007/08. Spatial distribution of shore-based fishing effort was very similar in 2007/08 and 2018, with the major differences being a decrease in fishing effort at St Lucia and Maphelane, and a slight increase in effort on the ‘upper’ (northern) south coast during 2018. Based on the results of this study, recommendations for improved management of the KZN shore fishery include: (i) follow-up using an independent roving-creel survey; (ii) improvement of coastal law enforcement; (iii) implementation of a linefish observer programme; and (iv) a repeat of the aerial survey every 10 years.

A planning strategy for the adaptation of coastal areas to climate change: The Spanish case

In a context of growing concern about climate change and its potential consequences for coastal systems, adaptation is becoming more important than ever before. This paper presents a national planning framework for adaptation to climate change, which is pioneer in the field as it is multi-sectoral and focuses specifically on coastal areas, pursuing the safety of their communities in an uncertain future. The strategy is statutory as it emanates from the new Spanish Coastal Law, which in addition to many other implications includes the compulsory development of a Spanish Strategy for Coastal Adaptation to Climate Change (SSCACC) and its submission to Strategic Environmental Assessment. This paper covers the fundamental aspects of both the SSCACC and the accompanying Strategic Environmental Study, providing recommendations on the assessment of coastal risks triggered by climate change and extreme events, adaptation and risk reduction planning and implementation, and monitoring. Additionally, this work gives insight into the wide-ranging consultation process carried out prior to the SSCACC's approval and the stakeholders involved, and how the SSCACC handles climate change uncertainty and struggles for overcoming barriers.

Climate Change Impacts on Ocean and Coastal Law: U.S. and International Perspectives edited by Randall S.Abate Published by Oxford University Press, 2015, 699 pp., £115.00, hardback.

Climate Change Impacts on Ocean and Coastal Law: U.S. and International Perspectives edited by Randall S.Abate Published by Oxford University Press, 2015, 699 pp., £115.00, hardback.

Challenges and opportunities in promoting integrated coastal zone management in Algeria: Demonstration from the Algiers coast

Algeria as the Mediterranean countries is facing various challenges. Among them, the increasing of the population and their activities in the coastal zone, which impacts heavily the coastal and marine environment.Integrated Coastal Zone Management (ICZM) has been seen as an appropriate approach to tackle this situation. Algeria has set up numerous initiatives to strengthen its coastal governance, such as the Coastal Area Management Plan (CAMP) in the Algiers Coastal zone (ACZ) situated in the central part of Algeria. Also, various legal and institutional reinforcement have been done, like the enactment of a coastal law and the creation of agencies dedicated to coastal management. Even if assessment is seen as primordial in this process, yet few evaluations have been done in Algeria and particularly on the ACZ. This research paper aims is to assess the ICZM process in Algeria. A survey has been done with the various stakeholders involved in Coastal management at the different level of governance; national, regional and local in the ACZ. The objective was to assess the institutional capacities to implement the fundaments of ICZM. 7 parameters have been assessed: Data, interesectoriality, participation, legal framework, Capacity building, awareness and financial resources. A score for each parameter was set by the interviewees.Results shows that even some basements framework are now implemented, Algeria has still a long way to fully implement ICZM approach. Mainly regarding data management and the implementation of coastal monitoring systems, enhancing the coordination and participation of stakeholders, particularly the local communities and NGO's. The legal framework even it strengthening, a lot of efforts are still to be done for it real enforcement. The awareness and capacity building are still insufficient. Finally, sustainable funding for ICZM projects must be ensured.

Inter-local bay alliances in Northern Mindanao, Philippines: Experiences and lessons learned in establishment and organisational sustainability

Three alliances for bay management in Northern Mindanao region --- Gingoog Bay Alliance, Macajalar Bay Development Alliance, and Iligan Bay Alliance in Misamis Occidental--- were examined if critical legal, institutional, and financial factors to ensure organisational sustainability were present. Data were from key informant interviews and secondary sources. Results showed that the alliances have a common purpose (coastal resource rehabilitation and poverty alleviation) and geographical base (bay), relied mostly on member contributions for funds, and their members were bound by legal contracts. Their reported accomplishments were strengthened coastal law enforcement, establishment of marine protected areas, conduct of resource mapping, and formulation of harmonised fisheries code. The two key issues were weak contracts and insufficient funds. For sustainability, the alliances need to focus on what they can deliver that matches their available resources, to establish a governance structure with sufficient power and control to make alliance operations work effectively, and to adopt a financial arrangement that is feasible and legally approved.

Moving Maritime Boundaries: Changes in Coastal Land Sovereignty, River Courses, Sea Levels, and Maritime Delimitation Law

In February 2009, the International Court of Justice rendered a judgment delimiting a maritime area of the Black Sea between Romania and Ukraine. The very next month, Indonesia and Singapore concluded a treaty delimiting their maritime boundary in the western part of the Strait of Singapore. Although these two delimitations occurred by different means (adjudication and negotiation), years later, they raise the same question: can a subsequent event move a maritime boundary? As a matter of lex lata, the answer is probably “no”. As a matter of lex ferenda, however, this Article questions whether the law governing land boundaries should also apply to maritime boundaries in light of key differences between land and maritime boundaries.

Utilization and Planning of Coastal Areas in Ordu

Coastal management is generally means planning and application of environmental changes in the coastal area. The rapid spread of industrialization, urbanization, tourism and recreational activities are affecting the coastal cities in a much more negative way in Turkey, compared to other countries. Development in infrastructure to meet the needs of the population growing in coastal areas, provision of industrial and tourism facilities or power plants, placement of main roads in the coastal zone, separation of forest areas for secondary residences or workplaces are the most important factors leading to the deterioration of the identity of coastal cities. In this study, the changes of the coastal areas in Ordu Province, one of the important touristic cities of the Black Sea Region, have been examined and evaluated. Moreover, present shoreline was investigated within the framework of Turkish Coastal Law. Finally, the variation of coastal area was determined by using the ArcMap module of ArcGIS 10 programme as numerical. The results showed that the coastal area significantly increased by filling during a short period.

Introduction: The South China Sea: An International Law Perspective

This piece offers the Guest Editors’ Introduction to this Special Issue of The International Journal of Marine and Coastal Law—dedicated to the South China Sea. It outlines the history of the 2015 Brussels Conference at which the papers in the Special Issue were first presented, notes the key presentations and introduces the authors. Four subject matters are addressed: fisheries, navigation, the regime of islands, and international dispute settlement.

Climate Change Impacts on Ocean and Coastal Law: u.s. and International Perspectives, edited by Randall S. Abate

Climate Change Impacts on Ocean and Coastal Law: u.s. and International Perspectives, edited by Randall S. Abate